£7,500 recovered for abandoned operation

Our client, a 22 year old man from Herne Bay, Kent, suffered injuries to both arms in an accident at a BMX event in 2010.

He was initially treated appropriately, with a fracture to his right arm being treated with surgery to insert a tension band wire and pins to hold the fracture in place.

In 2011, our client began to suffer pain associated with the metalwork and the decision was made to undergo surgery to remove that metalwork.

Despite planning the surgery well in advance, and after part of the operation had already been performed (the arm had been opened and scar tissue excised), it was discovered that the correct equipment was not present to remove the metalwork. That surgery therefore had to be abandoned, without the metalwork having been removed.

Our client was therefore required to undergo a second operation to remove the metalwork, which took place 2 weeks later.

Expert evidence confirmed that our client’s condition had not been affected by the negligence relating to the initial surgery, and his recovery was not compromised beyond the 2 week delay.

Following investigations, a formal Letter of Claim was submitted to the East Kent Hospitals University NHS Foundation Trust, accompanied by an offer to settle in the sum of £7,500. That offer was accepted by the Defendant.

Alex Tengroth, who had conduct of the claim, commented:

Our client came to us very close to the 3 year limitation. We quickly managed to agree an extension with the Defendant to allow us time to investigate the claim, and I am pleased that they realised the strength of the claim and sought to settle it swiftly.

The outcome was a very good one for our client in this particular matter, but if he had delayed bringing the claim by just another couple of weeks he would have missed the limitation deadline and the claim would then, in all likelihood, have been unsuccessful.

It is a good reminder of the importance of contacting solicitors promptly following an injury, so as to avoid the possibility of missing the limitation deadline.”